1. The defendant's appeal is dismissed.

2. The appeal cost (including the cost resulting from the supplementary participation) shall be borne by the Defendant.

3...

1. Facts of recognition;

A. On June 22, 2015, the Plaintiff’s Intervenor entered into a subcontract with the Defendant on June 22, 2015, with respect to the other construction work of the three sections of the construction work of the Seosan-dong apartment construction work (hereinafter “instant construction work”), the contract amount of KRW 177,398,400, the construction period from June 22, 2015 to November 19, 2015; the warranty period from November 20, 2015 to November 19, 2018; and thereafter, the contract was concluded on November 19, 2015 as the contract amount of KRW 165,170,000, the construction period of KRW 165,170,000, and from June 22, 2015 to December 31, 2015.

B. A performance guarantee contract 1) The Defendant concluded a performance guarantee insurance contract with the Plaintiff at around that time to guarantee the repair of defects of the construction works under the said subcontract, stating that “the Plaintiff’s Intervenor, the Plaintiff’s Intervenor, the purchase amount of insurance, KRW 14,353,273, and the insurance period: From October 21, 2015 to October 20, 2018: the insurance period was changed to “from October 21, 2015 to November 19, 2018.” According to the above performance guarantee insurance contract (2) the Defendant paid the insurance proceeds to the insured by the Plaintiff due to his/her failure to perform his/her obligation or obligation guaranteed by the Plaintiff, the Defendant shall immediately pay the insurance proceeds to the insured, and delay damages shall be paid by adding damages for delay to the payment amount to the payment amount by calculating the interest rate of 136 days per 15 days from the next day after the payment date of the insurance proceeds to October 20, 2018.

(Article 3, Section 1, Section 2 of the Agreement). 3 The interest rate for delay applied by the Plaintiff shall be 6% per annum from the day following the payment date of insurance proceeds to the 30th day, 9% per annum from the next day to the 60th day, and 12% per annum from the next day to the

C. The plaintiff's assistant intervenor has defects related to the construction of this case from residents after the completion of the apartment of this case.